LETTER TO CHARLES R. ESHERICK, ESQ. FROM JOHN D. MORRISON, JR.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-01092A000100040014-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: October 2, 2004
• Sequence Number: 14
• Publication Date: November 30, 1973
• Content Type: LETTER

Approved For R e s`D QO4Rh17A3-LK3;8MM'2AD0 0040014-1
WASHINGTON, D.C. 20505
OGC Has Reviewed
OGC 73-2216
Charles R. Esherick, Esq.
Trial Attorney, Antitrust Division
Department of Justice
10th Street and Pennsylvania Avenue
Washington, D. C. 20530
Re: U. S. v. International Business Machines Corporation
In response to your request for a re-evaluation of our
refusal to permit IBM to examine CIA classified documents per-
taining to Electronic Data Processing, the responsible offices
within the Agency are reviewing their files to determine if
documents or listings can be made available in some form for
examination by IBM.
In affidavits dated 27 April 1972 and 18 January 1973, the
Director of Central Intelligence declined to permit examination
of the files of the Agency by IBM and declined to submit a listing
in the form requested of documents withheld on national security
grounds. While the Director's statutory responsibility to protect
intelligence sources and methods precludes IBM representatives
from searching the Agency's classified EDP files, and precludes
submission of some of the information on withheld documents
specified in the Order supplementing Pretrial Order No. 2, we
believe tive can permit access to most of the responsive docu-
n~,ents in a manner which will meet IBi~?1's r eds.
Wherever possible, documents are being declassified.
The contents of a few documents no longer justify classification,
but in most cases, declassification can be authorized only if
some parts of the documents are deleted. These deletions should
Approved For Release 2004/11/01 : CIA-RDP78-01092A000100040014-1
 Approved For Rele4,;e 2004/11/01 : CIA-RDP78-01092A000UP040014-1
not distort the documents insofar as IBM's needs are concerned.
We would request that in the interest of maintaining original
records intact,